Section 13 (Diplomat)
Alert: Afghan nationals may file Form I-485, Application to Register Permanent Residence or Adjust Status, without a fee if you:
Afghan nationals may file Form I-485, Application to Register Permanent Residence or Adjust Status, without a fee if you:
- Entered the United States as an A-1, A-2, G-1, or G-2 nonimmigrant;
- Were performing duties that were diplomatic or semi-diplomatic on July 14, 2021; and
- Are seeking a Green Card under Section 13.
You may apply for employment authorization using Form I-765, Application for Employment Authorization, with your Form I-485 or while it is pending. You do not have to pay the filing fee for your initial Form I-765.
You may also apply for an advance parole document (advance permission to seek parole into the United States when you return from travel outside the United States) by filing Form I-131, Application for Travel Document, with your Form I-485 or while your Form I-485 is pending. The Form I-131 webpage has more information on filing instructions and fees.
To file Form I-485, you must be physically present in the United States and provide a U.S. address on your form.
Additional Instructions:
- Each family member applying for adjustment of status must file their own Form I-485, Form I-765 and Form I-131.
- Write “Afghan Diplomat” in capital letters on the top right corner of the first page of each Form I-485, Form I-765 and Form I-131, if applicable.
- Application Type: In Part 2, Item 1.f., on Form I-485, select the checkbox for “Diplomats or high ranking officials unable to return home (Section 13 of the Act of September 11, 1957).”
- Filing location: You must file your application(s) using the designated USCIS Lockbox based on your current home address. Go to the Direct Filing Addresses for Form I-485 webpage to see where you should file your application under Section 13.
- Package all forms for your family (Form I-485, Form I-765 and Form I-131) in a single envelope.
Section 13 of the Immigration and Nationality Act (INA) of Sept. 11, 1957 was created by Congress to allow individuals who entered the United States under diplomatic status to obtain a Green Card (permanent residence).
You may be eligible to receive a Green Card under Section 13 if you can establish that:
- You entered the United States as an A-1, A-2, G-1, or G-2 nonimmigrant
- You failed to maintain your A-1, A-2, G-1, or G-2 nonimmigrant status
- Your duties were diplomatic or semi-diplomatic (not custodial, clerical, or of a menial nature)
- There are compelling reasons why you or your immediate family member are unable to return to the country which accredited you as a diplomat and that your adjustment of status would be in the national interest
- You are a person of good moral character
- You are admissible to the United States for permanent residence
- Your admission as a permanent resident would not be contrary to the national welfare, safety, or security of the United States
To apply for a Green Card (permanent residence) under Section 13 provisions, you need to file Form I-485, Application to Register Permanent Residence or Adjust Status.
Supporting Evidence for Form I-485
The following evidence should be submitted with Form I-485:
- Two passport-style photos
- Copy of birth certificate
- Evidence that you were admitted as an A-1, A-2, G-1, or G-2 nonimmigrant
- Form I-566, Interagency Record of Request
- Form I-508, Waiver of Rights, Privileges, Exemptions, and Immunities
- Form I-693, Report of Medical Examination and Vaccination Record
- Applicable fees
- Any affidavits or other evidence that you wish to submit
- You will also be requested to submit a sworn statement at your interview
When you have a pending Form I-485, it is possible for you to apply for authorization to work in the United States and to seek advance parole (advance permission to travel and be admitted to the United States upon your return). For further information, see our Work Authorization and Travel Documents pages.